When injuries and death occur on a dock a Maritime Injury Attorney can help

Cruise Ship Carnival Triumph

One day in April last year, due to high gusting winds, the cruise ship Carnival Triumph came loose from its moorings and collided with the moored dredge vessel Wheeler. Another vessel actually became pinned between the two larger ships, as well. All in all, the accident ended in the death of one shipyard employee and the injury of another.

In this case, the injured worker and the family of the deceased worker undoubtedly sought counsel from a personal injury lawyer. If they wanted to get the proper representation, though, they would need to call upon a maritime injury attorney.

Maritime law differs from normal worker’s compensation law, as there are additional risks involved in maritime shipping, fishing, and other businesses. This applies to dock workers, as well. The Jones Act was instituted to protect American maritime workers from international competition and from losses and injuries due to negligence or poor management.

One of the reasons for employing a maritime injury attorney, like the ones at Kirkendall Dwyer LLP, is to ensure that you get the most compensation allowable through maritime law. If an international vessel was involved in the accident, a maritime injury attorney would be better equipped to keep you informed of all of your rights and the best means to get compensation for injuries and pain and suffering.

Accidents happen, and sometimes no one is at fault, but your employer’s insurance company should cover injuries that occur on the job if an accident occurred through no fault of your own. They should also cover pain and suffering costs for families who lose a loved one in an accident, as in the case of the dockworker who died in the Carnival Triumph mooring failure. Call the right attorney for the job and learn about your rights and options.

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What to seek in a Jones Act Attorney in Houston

maritime workers

Are you a maritime worker who was injured due to the negligence or recklessness of your employer or a co-worker?  If so, the Jones Act law likely applies to you. This means that you need to solicit the services of a qualified Jones Act attorney in Houston. Here at Kirkendall Dwyer LLP, we want to be the choice that you make. We know the Jones Act inside and out, and we will provide you with a free case review that will help us better understand your injury and circumstances while giving you the chance to get your questions answered.

If you are looking for a Jones Act attorney in Houston, it can help to know what types of things to look for. One thing you should definitely seek in any law firm is a guarantee that you won’t have to pay until an award is given or a settlement is reached. Your medical bills and other expenses are high enough without adding in attorney’s fees. Second, you want experience. You want a team that knows what types of damages you should be entitled to and what types of defenses to use in court. You want someone very well-versed in the Jones Act.

When you contact a Jones Act attorney in Houston from Kirkendall Dwyer LLP, you get everything listed above and more. If you have been injured or a loved one has even been killed due to the negligence of another while serving as a maritime worker, give us a call for a free case review. We will work to let you know what your options are and to answer any questions that you may have about your case or about our law firm. We know that you want peace of mind and for your case to be over, and we will work hard to ensure that it is resolved in your favor.

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Tips from a Jones Act attorney in Houston

If you have been injured in a way that makes you eligible for compensation under the Jones Act, there are many things that you need to know. At Kirkendall Dwyer LLP, you can connect with a Jones Act attorney in Houston who can provide a free case review to help answer all of your questions.  If you are pursuing a Jones Act claim, here is just a bit of helpful advice.

First, it is important to note that there is a statute of limitations on Jones Act claims.  Unless you have been pressured by your employer not to pursue legal action, in which case, you need to explain this pressure to the court, you have only three years following your accident in which to pursue a claim. If you need to explain to the court why you have waited more than three years, you certainly need a Jones Act attorney in Houston on your side.

Second, it is important to find an attorney who knows the various types of damages you can claim under the Jones Act. These damages include pain and suffering, past and future lost wages, including upward career movement, disfigurement, fringe benefits, and occupational and vocational retraining.

By finding a Jones Act attorney in Houston who understands these things and who is willing to fight for your rights, you make your case much easier on yourself.  Taking on your employer or a big insurance company on your own is a risky move that can cost you a big portion of your potential settlement simply because you are unable to negotiate the same way a lawyer can.  Hiring an attorney for Jones Act claims is certainly the best way to make them, and the experienced team here at Kirkendall Dwyer LLP would love to provide you with a free case review today!

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If a storm is brewing a Jones Act Attorney in Houston can help

Tragedy befell the crew of the tall ship Bounty on October 29, 2012. While attempting to maneuver through an area forecasted to be hit by Hurricane Sandy, off Cape Hatteras, the vessel was hit by the storm and sank. Of the sixteen crewmembers, three were seriously hurt. One crewmember was killed, and the captain’s body was never found.

If you or one of your loved ones is an active crewmember on any kind of boat or ship, you know how dangerous this line of work can be. Your life depends not only on your skills and the proper maintenance of the vessel on which you work, but also on fair weather. When a storm like this arises, a lot of questions come up. A Jones Act attorney in Houston can help you navigate the rough legal waters of fault and compensation.

The Jones Act, or Merchant Marine Act of 1920, was put into place to protect US trade against foreign competition. However, that’s not all it does. It also protects US seamen in cases of accidents caused by negligence, poor maintenance practices, and other forms of malpractice on their employers’ parts.

In a case like the sinking of the Bounty, under this act, every essential crewmember would be considered a “seaman” and would be protected. If you live in Texas, and you work as a crewmember on any maritime vessel, you could benefit from talking with a Jones Act attorney in Houston. You should know your rights before an accident happens.

The attorneys at Kirkendall Dwyer LLP are well versed in maritime law and the extent to which the Jones Act can help you in an accident. Call them today, and you’ll be prepared if you’re ever in an accident while you’re on the job.

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An offshore injury attorney can help families get compensation

Whether you’re a passenger or a crewmember, it’s important for you to understand your rights in the event of an accident. If your employer or the owner of the company taking you offshore decides to break safety regulations and put you at risk, then you’re due some compensation. Safety procedures are in place for a reason, and if you are injured or killed through no fault of your own, you’ll want to talk with an offshore injury attorney to get the compensation that you deserve.

Back in 2003, a tragic accident occurred off the coast of Oregon. A passenger fishing vessel capsized, and 11 people – 10 passengers and the master – were killed. The National Travel Safety Board (NTSB) found three major safety issues to be the cause of the accident.

At the time of the accident, there was a small vessel warning out for the area. The master decided to take the trip anyway, ignoring the warning. The major cause of the accident – though it was threefold – was the master’s decision to cross the bay, despite the conditions.

Now, you may wonder, as the master was one of the victims of the accident, who could the families of the other victims go to for compensation? This is when the expertise of an offshore injury attorney, like one of the ones at Kirkendall Dwyer LLP, is needed. The fault should actually lie with the owners of the boat and the fishing company. Their insurance should cover the compensation for loss, pain and suffering.

Unfortunately, insurance companies have to watch out for their bottom line. They will try to pay out as little as possible. That’s why it’s important to consult with an offshore injury attorney. You need to know your rights if you or someone you love has been hurt or killed in a boating accident.

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